Criminal Procedure Code, 1973, Section 372 - - Appeal against an inadequate sentence - At the instance of victim not maintainable...........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Vehicle involved in NDPS case - Conditional release of vehicle cannot be denied solely for the reason that vehicle and other articles are likely to be confiscated after trial - Vehicle held, released on supardgi till completion of trial with conditions...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- One opportunity to lead evidence granted by High Court - Petitioner did not lead evidence on three occasions - No reason much less a plausible reason brought fore to satisfy as to what prevented him from appearing on the scheduled date - Order closing evidence of defendant held, proper...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409, 467, 468, 471 -- Quashing of proceedings - Offence u/ss 409, 467, 468, 471 IPC - Compromise - Parties have settled their dispute amicably - There is no possibility of accused being convicted in the case pending against him - When once disputes has been settled by mutual compromise, then no..........
Hindu Marriage Act, 1955, Section 25(2), Civil Procedure Code, 1908, Section 151 -- Permanent alimony to wife - Modification sought by husband - Amount of maintenance mentioned in impugned order was a condition precedent for grant of divorce by mutual consent - Husband cannot be allowed to resile from commitment on which decree of divorce was predicated - Application for..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Dismissal of application - While dismissing application no opportunity was granted to petitioner to challenge the same since the final judgment was passed on the very same date - Approach adopted by appellate Court has led to serious miscarriage of justice - Denying a..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 354, 294, 149, 354(B), 223, 506 -- Anticipatory bail - Offence u/ss 341, 354, 294, 149, 354(B), 223, 506 IPC - Admittedly, parties are litigating over a dispute land - Allegations and records shows that allegations are vague and there is no specific role attributed except that accused tore..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 365, 366A, 370A, 376D, 34, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Offence u/ss 363, 365, 366-A, 370-A, 376-D, 34 IPC, S.6 POCSO Act and S.3 SC/ST Act - Prosecutrix and..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence - Rebuttal - Recall of witness - Plaintiff examined patwari but he failed to bring official record with respect to khasra girdawari and pedigree table and for this plaintiff cannot be found fault with - At rebuttal stage, application has been made in time to examine concerned daftar kanungo who will bring..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Delhi High Court (Original Side Rules), 2018, Chapter VII, R.5 - Replication and affidavit of admission/denial of documents - Time period for filing same - Period of 30 plus extended period of 15 days are mandatory for plaintiff to file replication along with admission/denial of documents - If same are not filed within time..........